Batanov O. V. Doctrinal understanding of the problems of local self-government as an institution of civil society
In the article is devoted to the research of local self-government legal status as a fundamental institute of civil society. It is proved that it is in this context that the optimum extent disclosed potential local self-governments, both positions its genesis and in terms of its institutionalization and practice. The process of formation the legislation about local self-government in Ukraine at the position of the principles of classical municipalism is analyzed. The newest tendencies of mutual relations of institutes of civil society and state in the conditions of democratization are considered.
In these examples, we can clearly see purely positivist and statist approach to state institutionalization of civil society and its institutions in Ukraine, including self-local government.
For these and other reasons, the doctrinal foundations of civil society supposedly lost crisp boundaries and guidelines, and its legal, economic, territorial, institutional, functional, subject-object and other foundations are dependent on arbitrary speculation policy makers.
The current theory of local self-government as an institution of civil society, to determine its role in ensuring the stability of the constitutional system and the development of constitutionalism in Ukraine. The local self-government is being assessed as sphere of self-organizational and self-governmental, which is a political by nature, processes. It is shown that local self-government is a classic example of self-organizing systems, both from the standpoint of the formation and functioning. Self-organization – a process which resulted from the inherent properties of the structures and functions of the system independently, without external control actions created, reproduced or improved organization of the system. This helps pass difference between terms «self-organization» and «self-government», find depending between them and to recognize their as basis of democratization political system of power and a mere of the Ukrainian society.
It is proposed to consider the local self-government area of functioning as a self-governing process in two ways – as a systemic social phenomenon and organizational structured institution. When systemic social phenomenon refers to a form of co-existence of people united democratic values of equality, justice and freedom, and under organizational structured institution – tool of management actions on the organization of life at the local level.
The full operation of local self-government is possible only on the condition that it plays these two roles simultaneously. Otherwise, the local self-government will hinder the development of self-governing process and to promote the democratization of society. That is, only in the process of self-organization features local residents (individuals) can create a new quality of existence of society – the local community and optimally realize its self-governing functions.
In this respect, local self-government is the perfect functional and institutional basis for the genesis of civil society, to develop its integrated and effective model in general.
It becomes firmly established that globalization as an objective and inevitable process for any of countries predetermines the orientation of Ukraine on integration with international association and including in the global processes of planetary scale in all spheres of vital functions of society. The basic aspects of process of globalization are distinguished from the point of view of development of modern municipal law and local self-government.
Analyzed the basic theory of self-government, proposed the definition of local government as one of the main forms of democracy and constitutional means to limit state power in the formation of civil society. The dialectical connection of between the types of law understanding and basic concepts about the origin of the local government is shown.
Key words: local self-government, territorial hromada, civil society, questions of local impotence, modern municipalism, municipal power, decentralization, centralization.